Bloomberg Law Weekend Law: TikTok Ban Upheld & Trump's Day One Orders
Jan 18, 2025
Eric Goldman, a high-tech law expert, discusses the Supreme Court's recent upholding of the TikTok ban, emphasizing national security concerns over user rights. David Super dives into Trump’s plans for aggressive executive orders on his first day, touching on their legal implications. Meanwhile, Eugene Volokh addresses age verification laws for adult sites, highlighting the balance between protecting minors and free speech. The conversation reveals the complexities of modern legal challenges in technology and governance.
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TikTok Ban Upheld
- The Supreme Court upheld the TikTok ban, prioritizing national security concerns over free speech.
- They accepted Congress's findings about data threats from Chinese government access.
Free Speech Impact Ignored
- The Supreme Court's decision neglected the free speech impact on 170 million American TikTok users.
- The court didn't consider the disruption to communication caused by the ban.
Flawed Standard of Scrutiny
- The court used a flawed "content-neutral" standard for the TikTok ban, focusing on ownership, not content.
- They wrongly claimed ownership doesn't affect content, ignoring how new owners influence speech.